[1] Epona Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Epona Pty Ltd Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Agreement will apply to employees who are covered by the Meat Industry Award 2020 (the Award).

[3] In the application, the Employer indicated that employees were not provided with a full copy of the Agreement at least 7 full calendar days before the day on which voting started, which is inconsistent with paragraphs 5 to 7 of the Statement of Principles on Genuine Agreement (SoP).

[4] The Employer provided submissions about the options provided to employees during the voting process, including that employees were able to attend the site and vote on their scheduled day off if they preferred to observe the full notice period of 7 calendar days.

[5] In the application, the Employer described the bargaining process with bargaining representatives between October 2024 and February 2025, rather than the process in which the Agreement was explained to employees.

[6] The Employer provided submissions about how the terms and effects of the Agreement were explained to employees during presentations on 22 and 26 August 2025. I am satisfied having regard to those submissions that the requirements of s. 180(5) of the Act have been met.

Definition of a Shiftworker for the purpose of the National Employment Standards (NES)

[7] The Agreement is silent in relation to the definition of a shiftworker for the purposes of the additional week of annual leave provided to shiftworkers under the National Employment Standards (NES). Clause 25.2 of the Award provides that for the purpose of the additional week of leave provided for in the NES, shiftworker is a 7 day shiftworker who is regularly rostered to work on Sundays and public holidays.

[8] The Employer submitted that it operates Monday to Friday and has no intention of implementing a 7-day roster during the term of the Agreement. Based on these submissions, I am satisfied that it is reasonably foreseeable that during the term of the Agreement, employees will not be required to work weekends.

[9] The Commission raised the following issues with the Employer as to whether some aspects of the Agreement are inconsistent with the NES:

1. In relation to casual conversion, clauses 10.13 to 10.28 of the Agreement provide a process inconsistent with the provisions of the NES at s.66A to 66MA of the Act.

2. Clause 28.7 provides that employees may at the employer's direction be required to work two public holidays agreed upon per year, Kings Birthday and Labor Day, generally with two months' notice but also with two weeks' notice. This is inconsistent with the NES at s.114 of the Act which provides an entitlement to be absent on a public holiday. The Employer submitted that in all cases, the Employer will seek volunteers when rostering employees to work on a public holiday and where this is not possible, will comply with the requirements of s.114.

3. Clause 32.1.3 provides that if an employee fails to give the appropriate period of notice the employer shall have the right to withhold any monies due to the employee to a maximum amount equal to the ordinary rate of pay for the period of notice not given. The clause does not limit the source of the monies that may be deducted and may permit the employer to withhold monies owing the employee under the NES. This may be inconsistent with Chapter 2 Part 2.2 Division 2 of the Act.

4. Clause 24 states that unpaid family and domestic violence leave is provided for in the NES. This is inconsistent with s.106A - 106E of the Act which provides for paid family and domestic violence leave.

[10] The Commission raised the following issues with the Employer which are relevant to whether employees are better off overall under the Agreement compared to the Award:

1. Clause 11.4 of the Agreement provides that the spread of ordinary hours (other than hygiene labourers) commences at 4.30am and concludes at 3am the following day, Monday to Friday. The spread of hours for hygiene labourers commences at 10.30am and concludes on 7.30am the following day, Monday to Friday. Clause 14.3 of the Award provides that meat processing establishment employees' ordinary hours are worked between 6am to 8pm on Monday to Friday. The 4.30am to 3.00am shift on the following day appears to provide for a 22.5 hour span which may significantly reduce overtime triggers. The Employer explained that in 2020, employees voted to alter the spread of hours to enable an early start under a 9.5 hour day arrangement. This change was made to facilitate a four-day rotating roster, allowing employees one day off per week. The alteration was supported by the union at the time, reflecting genuine employee consultation and agreement. Under the current arrangement, the day shift commences at 4:30am and concludes at 3:00pm while the afternoon shift commences at 3:45pm and concludes at 2:15am which the Employer submits is a fixed night shift as defined in the Award. The Employer submitted that afternoon shift employees are scheduled to work for 9.5 hours (plus two 30-minute unpaid breaks) between approximately 3:20 pm and 2:15 am. Start and finish times may vary slightly depending on the employee's assigned task on the production line. Typical shift times are as follows:

   • 3:20 pm to 1:50 am - First Kill - Halal Slaughterman

   • 3:30 pm to 2:00 am - Slaughter Floor employees

   • 3:45 pm to 2:15 am - Boning Room employees

Based on the Employer's submissions, I am satisfied that it is reasonably foreseeable that during the term of the Agreement, the Employer will engage employees to work a 9.5 hour shift during the hours of 4:30am to 3:00pm and 3:20 pm and 2:15 am.

1. Trainees are referenced in the classification descriptions in Appendix 1 and Clause 27 (long service leave) of the Agreement only. Clause 16.11 of the Award provides that Schedule E to the Miscellaneous Award 2020 sets out minimum wage rates and conditions for employees undertaking traineeships.

[11] The Employer provided written submissions and undertakings to address the above NES and BOOT issues. A copy of the undertakings is attached in Appendix 4 of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[12] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[13] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 November 2025. The nominal expiry date of the Agreement is 28 October 2029.

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